Article 1741 of the French Civil Code
The contract of lease is terminated by the loss of the thing leased, and by the respective failure of the lessor and lessee to fulfil their commitments.
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The contract of lease is terminated by the loss of the thing leased, and by the respective failure of the lessor and lessee to fulfil their commitments.
The contract of lease is not terminated by the death of the lessor or the lessee.
If the lessor sells the leased property, the purchaser may not evict the farmer, sharecropper or lessee who has an authentic lease or one whose date is certain. He may, however, evict the lessee of non-rural property if he has reserved this right for himself in the lease contract. .
If it was agreed at the time of the lease that in the event of a sale the purchaser could evict the tenant and no stipulation was made regarding damages, the lessor is obliged to compensate the tenant as follows.
In the case of a house, flat or shop, the lessor shall pay the evicted tenant, by way of damages, a sum equal to the price of the rent, for the time which, according to the use of the premises, is allowed between the notice and vacating.
In the case of rural property, the compensation that the lessor must pay to the farmer is one third of the lease price for all the time remaining.
The indemnity will be settled by experts, if it concerns manufactures, factories, or other establishments that require large advances.
A purchaser who wishes to make use of the option reserved by the lease to evict the tenant in the event of a sale is, in addition, required to give the tenant the advance notice customary in the place for notices of termination.
Tenants may not be evicted until they have been paid by the landlord or, failing that, by the new purchaser, the damages explained above.
If the lease is not made by deed, or is not of a certain date, the purchaser is not liable for any damages.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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